Appointment of Member of CBEC - PS Pruthi and others to be considered - HC
PS Pruthi is a Chief Commissioner under the CBEC since 09.11.2011, having joined the IRS in 1978. He is aggrieved with the appointment of Sandhya Baliga, Shobha L. Chary and Lipika Majumdar Roy Choudhary as Members of the CBEC, while his own candidature was not considered. In the year 2012-13, four vacancies arose in the Board on 1.5.2012, 01.08.2012, 4.9.2012 and 31.12.2012 and the three ladies were appointed to the three vacancies. Pruthi's claim is that he was eligible for the fourth vacancy, as he would have completed one year of qualifying service by 31.12.2012, having been appointed as Chief Commissioner on 09.11.2011. But he was not considered, as he did not have the requisite service as on 1.4.2012.
He approached the CAT and the Tribunal was convinced with his argument and directed the Government to enlarge panel of the year 2012-13 as per the relevant Recruitment Rules by considering the Applicant for the vacancy arising on 31.12.2012 as per his merit and as per rules as he has already been promoted as Chief Commissioner on 09.11.2011 and fulfilled the requirement of the Recruitment Rules.
The Tribunal did not agree to quash the appointment of the three Members as they were found to have the requisite one-year's service in the prescribed post even as on 01.04.2012, the question of considering them not qualified for the post does not arise.
While reporting this in DDT 2051 - 22.02.2013, we questioned, "Now, will Government consider Pruthi's case promptly and appoint him a Member of CBEC? He still has 11 months of service left."
Both Pruthi and the Government appealed to the High Court against the CAT order. The High Court last week directed that all the officers (including Pruthi) who applied for the post of Member which fell vacant on 31.12.2012 should be considered for appointment as Member, CBEC. The Court wanted the process to be completed within three months.
Now, what will the Government do? Will they allow Pruthi to board the Board? He retires in January 2014.
Two more vacancies will crop up in the Board within the next three months and they cannot be filled up before the existing vacancy is filled.